Can defamation case be filed alongwith a criminal case pending?
My neighbor has filed a complaint under sec 190 against my me and my family members over the dispute of blocking our road. I am living in Delhi my family resides at M.P. and at the time of incident I was present over there. He has served a legal notice from a Magistrate court under the IPC sections 504,506,294/34,323. How should I proceed in this matter.
Since I am living way from my hometown and can not travel frequently for the case hearings the complainant is trying to harass me and my family in this manner by dragging my name.
At same time can I file a defamation suit against him at Delhi?
You need to enter appearance before the magistrate in the Court and contest that the said complaint is false and based on a concocted story. You need to adduce evidence to prove that you are not guilty. We feel that you should engage and advocate to represent you.
With respect to the difficulty in appearing in the matter, you can try to file an application under Section 205(1) of Cr.P.C. seeking permanent exemption from the Court, however it is the judge’s discretion to allow or reject the said application. You have to establish your ground for seeking this exemption.
With respect to the defamation suit, you can only file the same once the said case is decided and it is proven that you are not guilty. You can also file a civil suit for malicious prosecution against the neighbor once you are acquitted in this matter.
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